Consider Actions to Allow Outside Storage at 6316 Riverdale Drive NW (Project No. 18-155); Case of Rocky Mtn Investment, LLC

1. Introduce Ordinance #19-01 to rezone property from R-1 Residential (MUSA) to E-1 Employment.
2. Adopt Resolution #19-002 granting a Conditional Use Permit for outside storage as the principal use of the property.
3. Adopt Resolution #19-003 approving a Comprehensive Plan Amendment to reguide property from Low Density Residential to Business Park.

This case was reviewed by the City Council on November 13, 2018. This case is to bring back the case for approval per direction of the City Council. Final action will occur in adopting the ordinance and an upcoming meeting.

The Planning Commission reviewed a request for a Zoning Amendment related to the parcel generally known as 6316 Riverdale Dr NW (the "Subject Property") at their November 1, 2018 meeting and recommended that the zoning remain R-1 Residential (MUSA). The request was subsequently reviewed by the City Council on November 13, 2018 and the City Council directed Staff to prepare an Ordinance to proceed with amending the zoning from R-1 Residential (MUSA) to E-1 Employment. The City Council acknowledged the concerns initially identified by Staff and the Planning Commission but also considered the realistic viability of a single family home being constructed on the Subject Property.

In addition to the Zoning Amendment, the City Council also directed Staff to proceed with preparing a case for consideration by the Planning Commission for a Conditonal Use Permit to allow outside storage as a principal use on the Subject Property and a Variance to reduce the required setback of outside storage from adjacent residential properties. Ultimately, a Comprehensive Plan Amendment to re-guide the Subject Property from Low Density Residential to Business Park will also be necessary.

The Planning Commission again reviewed the request to rezone the Subject Property at their December 6, 2018 meeting.  They also contemplated both a variance to setbacks for outdoor storage adjacent to residentially zoned property and a Conditonal Use Permit to allow outdoor storage as the principal use on the Subject Property.

Staff attempted to notify all property owners within 350 feet of the Subject Property of the requested Variance and Conditional Use Permit via standard U.S. mail and published the Notice of Public Hearing in the Anoka County UnionHerald.  This same process was previously utilized to notify all property owners within 350 feet of the Subject Property of the requested Zoning Amendment.

General Background
The Subject Property is zoned R-1 Residential (MUSA). The properties to the west, south and southeast are also zoned R-1 Residential (MUSA) while the properties to the east and north (across Riverdale Drive) are zoned E-1 Employment. The Subject Property is 0.25 acres in size and is currently vacant with the exception of an existing chain link fence.

Zoning Amendment
The Applicant is seeking this Zoning Amendment to accommodate a potential sale of the Subject Property to Country Side Services of Minnesota, Inc., who desires to utilize it for outdoor storage. Outdoor storage is not permitted in the R-1 Residential District. In the E-1 Employment District, outdoor storage as an accessory use of a property is permitted; however, as the principal use, it would require a Conditional Use Permit.

The City Council reviewed the request for the Zoning Amendment at their November 13, 2018 meeting. Council direction to City Staff was to proceed with preparing an ordinance to rezone the Subject Property to E-1 Employment. It was noted that this was not necessarily a desirable parcel for a residential home.  Additionally, the Subject Property has historically been classified for tax purposes as Commercial/Industrial. As a transitional parcel between existing residential and existing industrial parcels, the City Council was supportive of the Zoning Amendment if there were additional measures that could help with the transition between uses, such as screening and landscaping.

The Planning Commission again reviewed this request on December 6, 2018.  After considering feedback from the City Council as well as connecting directly with several adjacent property owners, which had no objection to the request, the Planning Commission supported the requested Zoning Amendment.

Comprehensive Plan Amendment
Both the 2010 Comprehensive Plan and the draft 2040 Comprehensive Plan guide the Subject Property as Low Density Residential.  In order to ensure that both the Zoning Map and Future Land Use Map are compatible, a Comprehensive Plan Amendment will need to be processed to re-guide the Subject Property to Business Park.

Conditional Use Permit
As part of the Council's initial review, Staff was directed to initiate the process for a Conditional Use Permit for outdoor storage as the principal use on the Subject Property, which, in the E-1 Employment District, is identified as a Conditional Use. Country Side Services of Minnesota, Inc. ("Country Side") has stated that they will install an asphalt entrance (driveway) and pave much of the Subject Property, including installation of curb and gutter as well. They have requested permission to utilize recycled asphalt millings on a portion of the Subject Property, where unloading of heavy equipment and track equipment would occur, to avoid damage to a paved surface. This would meet the requirement for a surface to control dust. A grading and paving plan will need to be provided for review and approval by the City.

As previously noted, there is an existing chain link fence around the perimeter of the Subject Property. Country Side has agreed to install a mesh fabric material to the fence that provides some screening from the adjacent residential parcels to the south and west. There is some existing trees/shrubs/vegetation along the southern lot line that provides some screening; however, Country Side has agreed to further enhancements to screening with additional plantings along the western and possibly southern boundaries for screening/buffering of the outdoor storage. A Landscape Plan will need to be provided for review and approval by the City to ensure adequate plantings are proposed.

Variance
As part of the Council's review, Staff was also directed to initiate the process for consideration of a variance regarding setbacks for outdoor storage when adjacent to residential parcels. The Applicant has requested a setback of ten (10) feet from all property boundaries. Due to the limited size of the Subject Property, a reduced setback would allow Country Side to maximize their use of the property.

The proposed paving and curb/gutter improvements would assist with demarking the area where outdoor storage would be permitted. Additionally, the proposed landscaping and mesh fabric material affixed to the chain link fence will provide greater screening for the adjacent residential properties. The reduced setback still provides suffificent space for plantings to be installed and grow, while also reserving enough area to create a depression that can help infiltrate stormwater runoff.

At their December 6, 2018 meeting, the Planning Commission approved a variance to allow a setback of ten (10) feet for outdoor storage adjacent to residentially zoned properties, contingent upon the Zoning Amendment being approved.  At least one Commissioner stated a preference for cyclone fencing (plastic slats inserted into chain link fencing) rather than the mesh fabric material recommended by Staff.  However, that preference was not a part of the formal motion for approval of the variance and Staff still stands by its recommendation for use of the mesh fabric for enhanced screening.

Alternatives

Alternative 1: Motion to introduce Ordinance #19-01 to rezone the Subject Property to E-1 Employment and to approve Resolutions #19-002 and #19-003, granting a Conditional Use Permit to allow outdoor storage as the principal use of the Subject Property and reguiding the Subject Property to Business Park, respectively.

Alternative 2: Motion to introduce Ordinance #19-01 to rezone the Subject Property to E-1 Employment and to approve Resolutions #19-002 and #19-003 with modifications, granting a Conditional Use Permit to allow outdoor storage as the principal use of the Subject Property and reguiding the Subject Property to Business Park, respectively.  This alterantive would be based on discussion.  If the City Council determines additional conditions are warranted, they could be added to the Conditional Use Permit prior to its adoption.

Alternative 3: Motion to deny the requested Zoning Amendment, Comprehensive Plan Amendment, and Conditional Use Permit.

All costs associated with this request are the responsibility of the Applicant.

The Planning Commission recommends adoption of Ordinance #19-01 and approval of Resolution #19-002, which respectively would rezone the Subject Property to E-1 Employment and would grant a Conditional Use Permit to allow outdoor storage as the principal use of the Subject Property.  By recommending approval of the Zoning Amendment, that by default lends support to the Comprehensive Plan Amendment to reguide the Subject Property from Low Density Residential to Business Park as well.

Motion to introduce Ordinance #19-01 rezoning the Subject Property to E-1 Employment and to approve Resolutions #19-002 and #19-003, granting a Conditional Use Permit to allow outdoor storage as the principal use on the Subject Property and approving a Comprehensive Plan Amendment to reguide the Subject Property to Business Park, respectively.